Den Ex Dem. of McRee v. Alexander
Supreme Court of North Carolina
From Mecklenburg. Ejectment on the joint demise of Winston .7. Mc-liee, David ,M. AlcJiee, Isaac S. Henderson and Lucinda his wife, and on the trial beibie Strange, Judge, the jury returned the following fact-, specially ; thal Winston J. JtcRee, David M. McRec and Lucinda Henderson, were the he,irs at law of David Mcllce, woo died intestate» seised of the premises in tin* declaration meniioned ; that the lessors of the PlaiuiiST were tenants in common of the land, and that…
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From Mecklenburg. Ejectment on the joint demise of Winston .7. Mc-liee, David ,M. AlcJiee, Isaac S. Henderson and Lucinda his wife, and on the trial beibie Strange, Judge, the jury returned the following fact-, specially ; thal Winston J. JtcRee, David M. McRec and Lucinda Henderson, were the he,irs at law of David Mcllce, woo died intestate» seised of the premises in tin* declaration meniioned ; that the lessors of the PlaiuiiST were tenants in common of the land, and that no partition thereof ever had been made 5 that Ihe Defendant obtained a grant for the same land, ousted the lessors of…
1Opinion
In a joint action brought by several, where the defendant avails himself of the bar given to such action by the statute of limitations, all the plaintiffs must bring themselves within some of the savings of the statute, otherwise the bar is not avoided. Riden v. Frion, 7 N.C. 577. The decisions on this point are uniform, as far as I know, and I shall not now inquire whether they are founded on the technical reason that, the action being joint, all or none of the plaintiffs must recover, otherwise the judgment does not pursue the writ and declaration; or whether on the very words of the…
2Cases cited6 opinions
- Cameron v. Hicks.Supreme Court of North Carolina · 1906
- Johnson v. . PrairieSupreme Court of North Carolina · 1884
- Holland's Heirs v. CrowSupreme Court of North Carolina · 1851
- Williams and Wife v. . LanierSupreme Court of North Carolina · 1852
- Den on Demise of Caldwell v. BlackSupreme Court of North Carolina · 1845
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